Law: Criminal Procedure Code (V of 1898)

Section: 154

Criminal Procedure Code (V of 1898), S. 154-First Information Report-Reports about commission of same offence by two different persons at different places-Admissibility. Where a report about commission of an offence is given to police at two different places by two different persons, and one is earlier in point of time than the other, the latter report is not a statement made to a police officer in the course of investiga¬tion but is an independent F. I. R. and, therefore, can be used in evidence by the prosecution. Emperor v. Lalji Rai A I R 1936 Pat. 11 ; Maganlal Radhakishan v. Emperor A I R 1946 Nag. 173 and Emperor v. Aftab Muhammad Khan. A I R 1940 All. 291 ref. JUDGMENT ABDUL AZIZ KHAN, J.----Ghulam Sarwar was tried by the learned Additional Sessions Judge, Muzaffargarh, under sections 302 and 307 of the Pakistan Penal Code. The allegations against him were that on the night between the 28th and 29th of July 1959, he had murdered Chiragh and had caused injuries to Allah Wadha (P. W. 18) at Chah Budhewala, Dakhli Perhar Munda. Agreeing with the unanimous opinion of the assessors, the learned Additional Sessions Judge convicted him under sections 302 and 325, P. P. C. and sentenced him to death on the former and to four years' rigorous imprisonment on the latter charge, with the direction that the sentence of imprisonment has to take effect if the sentence of death is not confirmed by the High Court. The condemned person has appealed to this Court, and the case is also before us under section 374 of the Code of Criminal Procedure This judgment will dispose of the appeal as well as the reference for confirmation of the death sentence. 2. Ramzan (P. W. 17) and Ghulam Sarwar appellant both originally belonged to village Perhar Munda. A year and a half before the murder under consideration, Ramzan P. W., abducted Mst. Allah Wasai who also belonged to Perhar Munda and who had been betrothed to the appellant. Ramzan P. W., took her to village Uch Gul Imam in Jhang District where she fell down from a tree and died. He brought her dead body to Perhar Munda and buried it after informing her brother Muhammad Yar of her death. 3. On his return from District Rang,…

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